IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.53626-53627/2014 & 53963-53992/2014 (CS-RES) BETWEEN 1. SRI. D B BALAKRISHNA S/O BELLIAPPA, AGED ABOUT 55 YEARS 2-64/56 (4) 2ND MAIN, III CROSS, JAYANAGAR MAROLI MANGALORE-575 005 2. SRI. P G SATHYANARAYANA PRASAD MAJOR ,56 YEARS S/O P S GOVINDAIAH, BALILA VILLAGE, SRI NILAYA, POST:BALI 574 212 SULLIA TALUK, D.K 3. SRI. M S MARATE S/O GOVINDA HARI MARATE, AGED ABOUT 53 YEARS SAMURDHI MELTHOTA, KULASHEKARA, POST:MANGALORE-575 005 D.K 4. SRI. B T NARAYANA BHAT S/O B THIMMANNA BHAT, AGED ABOUT 52 YEARS, BALLA MAJALU MANE, HERAJE VILLAGE POST:NERALA KATTE, BANTWAL TALUK-574 253 5. SRI. LAKSHMINARAYANA N G MAJOR, 48 YEARS, S/O GUDDAPPA GOWDA, NADKA MANE, POST:KARIKKALLA KALKADA VILLAGE, SULLIA TALUK-574 217 D.K 6. SRI. N RAGHURAMA SHETTY S/O DERANNA SHETTY, AGED ABOUT 69 YEARS, PANCHAVATI, KALLAJE, POST:KADE SHIVALAYA VILLAGE: KADE SHIVALAYA BANTWAL TALUK-574 325 7. SRI MULIYA KESHAVA BHAT AGED ABOUT 40 YEARS, S/O GANGADHARA BHAT SARASWATHI NILAYA, VILLAGE:GUTHIGARU, POST:GUTHIGARU-574 218 SULLIA TALUK D.K 8. SRI. MULACHANDRA AGED ABOUT 60 YEARS, S/O K MUKUNDA NAYAK ARYAPU VILLAGE, MAYALOKA POST:ARYAPU 574 210 PUTTUR TALUK DK 9. SRI. B. THIMMAPPA SHETTY AGED 60 YEARS, S/O VENKAPPA SHETTY, CHANILA POST, VILLAGE:BALNADU, POST:UJIRUPADE, PUTTUR TALUK-574 201, D.K.
10. SRI. B L SHIVARAMA AGED ABOUT 50 YEARS, S/O LINGAPPA, BALLADKA VILLAGE:UBARADKA POST:UBARADKA, SULLIA TALUK-574 217 D.K 11. SRI. JEEVANDHAR HEGDE AGED0 54 YEARS, S/O BHOJARAJA SHETTY, VILLAGE:MOODARU BUNNADI MANE, POST:BAJAGOLLI, KARKALA TALUK, UDUPI DISTRICT-574 217 12. SRI. M NARAYANA GOKHALE AGED 65 YEARS, S/O BALAKRISHNA GOKHALE, MALEBETTU POST:DURGA, KARKALA UDUPI DISTRICT-574 201 13. SRI. T SANJEEVA MOLY AGED 65 YEARS, S/O MUNDAPPA MAILI, SAMRUDHI MANE, POST:VAMANJURU, MANGALUR TALUK-574 216 D K 14. SRI. ANANTHA BHAT N AGED ABOUT 65 YEARS, S/O NIRKAJE KRISHNA BHAT, DIVANA MANE, POST:KADPADHAVU -574 222 BANTWALA TALUK, D.K 15. SRI. B NIRANJANA S/O THIMMAIAH BALLALA, AGED ABOUT 54 YEARS BHAVANTHA BETTA HOUSE, KALLERI, BELTHANGADI TALUK-574 214 16. SRI. SHANKARA NARAYANA YADIYALA AGED ABOUT 67 YEARS, S/O SUBRAYA YADIYALA, MANE SHEDA BERU, HALLI HALE POST:VILLAGE, KUNDAPURA TALUK-574 201 17. SRI. JAYARAMA BHANDARI AGED ABOUT 54 YEARS, S/O KRISHNA BHANDARI, AKKUJE MANE, JANSAL POST:SIDDAPURA, KUNDAPURA TALUK, UDUPI-574 201 18. SRI. S KRISHNA CHANTHRA S/O SUBRAYA CHANTHRA, AGED ABOUT 52 YEARS SULLUGODU, HALLIHOLE POST, KUNDAPURA TALUK-574 201 19. SRI. RAMACHANDRA AITHAL S/O KRISHNAMURTHY AITHAL, AGED ABOUT 54 YEARS KUTHURU MANE, SHANKARANARAYANA VILLAGE, POST:SHANKARANARAYANA KUNDAPURA-574 201 20. SRI. B GANAPATHI CHATHRA S/O B ANANTHAIAH CHATHRA, AGED ABOUT 53 YEARS BAREGUNDE, HALLIHOLE, KUNDAPURA-574 201 21. SRI. N VISHWANATHA RAI AGED ABOUT 52 YEARS, S/O DOMMANNA RAK, VISHNU NILAYA, VILLAGE AND POST:
SULLYA TALUK-574 217 22. SRI. A M SHARATH KUMAR RAI AGED ABOUT 57 YEARS, S/O DHANANJAYA RAI, MURALI NIVASA, ANCHE KAVU, PUTTUR-574 201 23. SRI. K. MOHAN VAIDYA AGED 61 YEARS, S/O KRISHNA VAIDYA, VAIDYA NILAYA AMPARU, KUNDAPURA-576 211 24. SRI. B GANAPATHI BHAT AGED 73 YEARS, S/O ESHWARA BHAT, CHITTA PARAVU HOUSE, PEERAKAMBA VILLAGE AND POST BANTWALA 25. SRIKARA BIDE AGED ABOUT 60 YEARS, S/O KRISHNA SURESHA BEDE, HOSATHOTA HATHYADKA VILLAGE, P O ARASINAMAKKI, BELTHANGADI-574 217 26. SRI. KRIPA SHANKARA AGED 48 YEARS, S/O VIPLAIAH T EASHA KRIPA HOUSE, POST ALETTI, SULLYA TALUK-574 217 27. SRI. K R LAKSHMANA GOWDA AGED ABOUT 68 YEARS, S/O RAMAIAH GOWDA, KUNTISHANA HOUSE, KOLTHIGE VILLAGE, PUTTUR TALUK, PERLAMPADI POST-574 214 28. SRI. CHANDRA KALACHAR AGED ABOUT 52 YEARS, S/O RAMAYYA GOWDA, KOLCHAR HOUSE, AIVARNOD POST, SULLIA TALUK-574 217 29. SRI. K VEDANATHA SUVARNA AGED ABOUT 51 YEARS, S/O K MAYILAPPA SUVARNA, SUVARNA ESTATE, NARIMOGARU, PUTTUR D.K-574201 30. SRI. JAYAKUMAR PARKALA AGED ABOUT 58 YEARS, S/O BAIKU PUJARI, MANI BETTU HOUSE, POST:PARKALA, UDUPI TALUK-574 201 31. SRI. CHANDRASHEKARA BHAT TALTAJE S/O KRISHNA BHAT, AGED ABOUT 52 YEARS BHODHAYANA, POST:UPPINANGADI, PUTTUR TALUK-574 201 32. SRI. N PADMANABHA GOWDA AGED ABOUT 62 YEARS, S/O M KUKKANNA GOWDA, NOOJALU HOUSE, DYAVARNADU VILLAGE AND POST, SULLYA TALUK, D.K-574 217 ... PETITIONERS (BY SRI. P. KARUNAKARA, ADVOCATE- ABSENT) AND 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION M S BUILDING, BANGALORE-560 001 2. THE JOINT REGISTRAR OF CO -OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE-5415001 3. ASSISTANT REGISTRAR OF CO -OPERATIVE SOCIETIES, AND ENQUIRY OFFICER, MANGALORE SUB -DVN, MANGALORE D.K-575 001 4. ADMINISTRATIVE OFFICER SOUTH KANARA AGRICULTURAL CO- OPERATIVE MARKETING SOCIETY LTD., MISSIONS STREET, MANGALORE-1 5. SOUTH KANARA AGRICULTURAL CO- OPERATIVE MARKETING SOCIETY LTD., MISSIONS STREET, MANGALORE-1 BY MANAGING DIRECTOR ... RESPONDENTS (BY SRI A.K.VASANTH, AGA FOR R1 TO R3 SRI K.SHASHIKANTH PRASAD, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.1/15;
R4 & R5 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REPORT UNDER SECTION 65 OF KCS SUBMITTED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-A IN SO FAR AS THE PETITIONERS ARE CONCERNED AND QUASH THE ORDER DATED 8.8.2014 ISSUED BY R-2 U/S 68 OF THE KCS ACT PRODUCED AT ANNEXURE-B INSOFAR AS THE PETITIONERS ARE CONCERNED AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioners herein who are said to be the Directors of 5th respondent –Society, on one or more times during the period between 1993-2013 have come up in these petitions impugning Annexures-A and B.
2. Annexure-A is the Inspection report under Section 65 of the Co-operative Societies Act, by the 3rd respondent-Assistant Registrar of Co-operative Societies, who was appointed as the Enquiry officer by the 2nd respondent-Joint Registrar of Cooperative Societies. It is seen that the report of 3rd respondent- Assistant Registrar of Cooperative Societies is placed before the 2nd respondent-Joint Registrar, who, in turn, has passed order dated 8.8.2014 in proceedings No.JRM/s-6/hhs/qse/148/2013-14 calling upon the Administrative Officer of the 5th respondent-Society to fix the responsibility on various persons under whose period the alleged misappropriation has taken place and to implement the report submitted by the Enquiry Officer within 30 days therefrom. These two orders are sought to be challenged in these proceedings on various grounds.
3. Learned AGA appearing on behalf of respondents No.1 to 3 would submit that the enquiry which is conducted by the 3rd respondent-Enquiry Officer at the behest of 2nd respondent-Joint Registrar does not call for challenge in these writ petitions, inasmuch as the said report being accepted by the 2nd respondent and the same has been forwarded to the 4th respondent-Administrative Officer to fix the liability on each of the Directors during whose period the alleged misappropriation has taken place and the same is required to be complied in this matter.
4. Therefore, in the fact situation, this Court finds no grounds are made to interfere with the inspection report at Annexure-A and the order of 2nd respondent-
Joint Registrar directing the 4th respondent- Administrative Officer of 5th respondent-Society to implement the said order. Accordingly, these writ petitions are dismissed.
In view of the dismissal of these writ petitions, IA-I/2015 does not survive for consideration and is, accordingly dismissed.
Sd/-
JUDGE ln.